False arrest

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Updated: 4/13/2007 6:36 pm
The law protects citizens who are wrongfully deprived of their liberty by another. If you have been the subject of an arrest by the police or other state or federal official which took place without probable cause, in bad faith or if someone deprived you of your liberty, you may be able to make a claim and recover damages, including attorney's fees and costs. Your rights are safeguarded by both the United States Constitution and state common law. False imprisonment is frequently alleged by a person who feels that he or she was unlawfully arrested. If the police did not have 'probable cause' to arrest you, you can sue for false imprisonment. 'False arrest' is really just a type of false imprisonment. The police have probable cause when there are enough facts to lead a reasonable person to conclude that you are committing or have committed a crime. This is a considerably higher standard than the mere 'suspicion' an officer needs in order to stop you briefly to investigate possible criminal activity. If you feel that you have been the victim of a false imprisonment or false arrest you may wish to contact an attorney. Time is of the essence in many of these cases. In some instances, claims may be barred if they are not brought within a short time after the date of the occurrence. For more information, talk with an attorney.
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